A Jackson councilman says a major contractor with the city fired a local, minority-owned subcontractor as retaliation for an Equal Business Opportunity complaint against the company.

However, evidence presented at a Friday EBO hearing suggests another possibility: the subcontractor didn't deliver.

Veolia North America, the firm hired by the city to oversee its wastewater plants in the wake of the EPA's environmental consent decree on the city, terminated Jackson-based, minority subcontractor Fisher Construction Inc. on Jan. 16.

The firing comes just over a month after Fisher filed an EBO grievance on Dec. 7 against the company.

Ward 6 Councilman Aaron Banks claims Fisher's termination is just the latest example of the city letting major contractors bully minority subcontractors.

"I told them (Fisher) to file an EBO complaint/grievance and assured them that under this administration, them potentially being pushed out because they filed a complaint will not happen and that this administration is working hard to change the culture of past behavior allowed," Banks wrote in a news release.

"Sad to say, I wish I haven't given FCI ( Fisher) that advice because now they have been terminated and replaced unjustly."

Also in the news release, Banks laid out a timeline which suggests Veolia only responded to Fisher following Fisher's filing of the EBO grievance on Dec. 7.

On Jan. 15, 2018, EBORC convened with questionable employees in the room who are allegedly involved with collusion to present date.

On Jan. 16, 2018, without a response from the EBORC Veolia terminated and replaced the minority company FCI without receiving response from city.

On Jan. 30, 2018, the mayor publicly recused himself from any conversation regarding Veolia."

But Banks' timeline doesn't include a notice of default Veolia sent to Fisher and the city complaining of under performance. In a letter dated Oct. 18, 2017, Veolia says Fisher failed "to remove cake sludge from the Savanna Plant as directed by Veolia, and provide all labor, tools and equipment to perform its obligations under the agreement in a diligent and efficient manner."

"Veolia will be forced to explore its termination rights under the agreement as well as its other remedies under law," the letter warned.

Veolia North America sent a notice of default to Fisher Construction Inc. which threatened to "explore its termination rights" with Fisher in October, months before Fisher filed an EBO grievance with the city of Jackson.(Photo: Justin Vicory)

On Nov. 2, Veolia notified the city Fisher had not paid four vendors, including Partridge-Sibley Industrial Services. Partridge, which had an equipment leasing contract with Fisher, is suing Fisher in Hinds County court. Partridge alleges non-payment of $37,893.34.

Public dispute

The dispute between Veolia and Fisher has gotten personal with both sides using the public comments portion of city meetings.

In those cases, Ward 2 Councilman and Vice President Melvin Priester Jr. has recommended discussing the issue behind closed doors, rather than in public where accusations of malfeasance have been levied by contract supporters and detractors.

"We've got to have some balance here where we're not trying these cases in council chambers without all the facts. It's not a courthouse" Priester said.

"It doesn't benefit us to jump the gun until we see what the facts really show. What's necessary in my opinion is a stronger contract compliance procedure," he said.